2001-876-Order No. 2001-120 Recorded 12/7/2001DESC
COUNTY OFFICIAL
REVIEWED MARY" SUESPENHOLLOW, COUNTYCLERKCJ 1041.816
COMMISSIONERS' JOURNAL 12/07/200101:37:32 PM
LEGAL COUNSEL
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
Order accepting petition and setting date for public
hearing for petition filed by Baldwin -Herndon
Oregon Trust and Deschutes County. for
annexation to La Pine Water District.
ORDER NO. 2001-120
WHEREAS, a petition requesting annexation of territory into La Pine Water District was duly filed
with the Board of County commissioner of Deschutes County on November 28, 2001; a copy of which
petition is attached hereto as Exhibit A and by this reference inforporated herein; and,
WHEREAS, ORS 198.857(3) requires the county board to set a date for a public hearing on the
petition no sooner than 20 days and no later than 50 days from the date of filing with notice to the
petitioners and to the board of the affected district; and,
WHEREAS, the next available hearing date within that timeframe is January 3, 2002; and,
WHEREAS, the Board chooses to also require publication notice special district annexations; now
therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON,
HEREBY ORDAINS as follows:
Section 1. That the petition for annexation to the La Pine Water District, a copy of which is
attached hereto as Exhibit A, is hereby accepted for filing.
Section 2. That a hearing regarding annexation to the district shall be held on Wednesday,
January 3, 2001 at 10:00 a.m. at 1130 NW Harriman, Board Hearing Room, Bend, Deschutes County,
Oregon.
Section 3. Notice of Hearing shall be given in substantially the form set forth in Exhibit `B,"
attached hereto and by this reference incorporated herein. The recording secretary shall cause the notice
to be published in The Bulletin on December 17 and 24, 2001, and posted on December 17, 2001, in three
public locations within the county as follows: One notice shall be posted on or near the doors of the
meeting room of the Board of County Commissioners; one notice upon any official bulletin board
customarily used for the purpose of posting public notices within the county; and one notice shall be
posted upon any official public bulletin board customarily used for the purpose of posting public notices
within the proposed district. Notices posted shall be for not less than five (5) consecutive days.
Section 4. The Director of the Deschutes County Community Development Department shall
cause to be filed with this Board prior to January 3, 2001, a land use compatibility statement regarding
this proposed special district formation as contemplated in ORS 197.175 and 199.462, and any other
applicable statutory authority.
PAGE 1. OF 2 —ORDER NO. 2001-120 (12/05/01)
S:AL.EGALA$PECIAL DBTRICTS\LA PING WATER DISTRICT\ORD 2001-130 LA PINE 1-120 DIST ANNEX [SGT HEARING DATG].DOC
Dated this of / L260I
ATTEST:
Recording Secretary
BOARD OF COUNTY COMM IO S
TOM DEW , CHAIR
NNIS R. LUKE, COMMISSIONER
" �//' " e //' ///-/- - 4 '��
C AEL M. DA Y, MMISSIONER
PAGE 2 OF 2 — ORDER NO. 2001-120 (12/05/01)
S:\I..FGAI,\SPGCLAI.. I.)ISTRICTS\LA PING WATER I)ISTRIC'T\ORD 2001-120 LA PINT 1120 DIST ANN FX [SET BEARING DATF]. DOC
Exhibit B
NOTICE OF PUBLIC HEARING
BY THE BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
A public hearing regarding a proposed annexation to the La Pine Water District
(Baldwin-Herndon/Deschutes County annexation), will be held on Wednesday,
January 3, 2002, at 10 a.m. in the Board of County Commissioners' Hearing
Room, 1130 NW Harriman Street, Bend, Oregon.
The boundaries of the proposed annexation are as specified in Exhibit A, attached
hereto and by this reference incorporated herein..
The purpose of the proposed annexation is to provide water services for the
inhabitants of the proposed area to be annexed. All interested persons may appear
and be heard.
The meeting location is wheelchair accessible. For the deaf or hard of hearing, an
interpreter or assistive listening system will be provided with. 48 hours notice.
Materials in alternate formats may be made available with 48 hours notice. To
arrange for these services, please contact Bonnie Baker at 541-388-6572. For
hearing impaired, call TDD 541-385-3203.
To be published in. The Bulletin:
To be posted:
PACE I of 1 - ExiHBIT "13"TO ORDER No. 2001-120
BOARD OF COUNTY COMMISSIONERS
FOR DESCHUTES COUNTY, OREGON
TOM DEWOLF, Chair
December 17 and 24, 2001.
December 1. 7, 2001.
S:.LecAL`.SeEca:u, DIS i'kic'rSTA Pn.e Wn'rE2 DIsTKIcrr\HsnxiNc; Norice.DOC
Exhibit A
La Pine Water District Annexation
Legal Description
Parcel A
The North one-half of the Southwest Quarter (Nl/2SW1/4) of Section Eleven (11),
Township Twenty-two (22) South, Range Ten (10), lying west of Oregon State
Highway 97, East of the Willamette Meridian, Deschutes County, Oregon.
EXCEPTING THEREFROM that portion dedicated to the public in instrument
recorded May 25, 1995, in Book 374, Page 1317, Deschutes County Records.
That portion of the Northwest Quarter Southeast Quarter Southwest Quarter
(NW1/4SE1/4SW1/4) (sometimes referred to as Lots One (1), Two (2) and Three (3),
in Section Eleven (11), Township Twenty-two (22) South, Range Ten (10), East of
the Willamette Meridian, Deschutes County, Oregon, lying Northwesterly of the
Dalles-California Highway.
The Northwest Quarter Northeast Quarter Southwest Quarter Southwest Quarter
(NWl/4NE1/4SW1/4SW1/4); the South Half Northeast Quarter Southwest Quarter
Southwest Quarter (Sl/2NE1/4SW1/4SW1/4) and the East Half Northwest Quarter
Southwest Quarter Southwest Quarter (E1/2NW1/4SW1/4SW1/4) lying East of
Range Ten (10), East of the Willamette Meridian, Deschutes County, OrPengra-Huntington Road, all in Section Eleven (11), Township Twenty-two (22),
egon.
Parcel B
Land Patent pursuant to Section 7 of the Oregon Public Lands Transfer and
Protection Act of 1998, Public Law 105-321, enacted October 30, 1998, for the
following described land:
Willamette Meridian, Oregon
T. 22 S., R. 10 E.,
Tract 38 located within sections 1, 2 and 11.
Containing 518.18 acres.
SALegaRSPecial DistrictsU., Pine Water DistiictWnnexation to La Pine Water District - Exhibit A 9-19-01.doc
NOTICE OF PUBLIC HEARING
BY THE BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
A public hearing regarding a proposed annexation to the La Pine Water Distrcit
(Bal.dwin-Herndon/Deschutes County annexation), will be held on. Wednesday,
January 2, 2002, at 10 a.m. in. the Board of County Commissioners' Hearing
Room, 1130 NW Harriman Street, Bend, Oregon.
The boundaries of the proposed annexation are as specified in Exhibit A, attached
hereto and by this reference incorporated herein..
The purpose of the proposed annexation is to provide water services for the
inhabitants of the proposed area to be annexed. All interested persons may appeal-
and be heard.
The meeting location is wheelchair accessible. For the deaf or hard of hearing, an
interpreter or assistive listening system will be provided with. 48 hours notice.
Materials in alternate formats may be made available with 48 hours notice. To
arrange for these services, please contact Bonnie Baker at 541-388-6572. For
hearing impaired, call TDD 541-385-3203.
To be published in The Bulletin:
To be posted:
BOARD OF COUNTY COMMISSIONERS
FOR. DESCHUTES COUNTY, OREGON
TOM DEWOLF, Chair
December 17 and 24, 2001,
December 1.7, 2001.
S:',LeaaL'SPECIALDisrRic: rs\La PINE WAFER Dis'iaic i\Havinic,tionce.uoc
ti
REVIEWED
1 -CL, PETITION TO ANNEX PROPERTY TO
LEGAL COUNSEL
LAPINE WATER DISTRICT
To the County Commissioners of Deschutes County, State of Oregon:
WHEREAS: this petition is filed pursuant to ORS 198.857; and,
WHEREAS: we, the signed petitioners on the attached petition (we), are the
owners of Parcels A and B, legally described in Exhibit A (parcels); and,
WHEREAS: Parcel A is contiguous with the LaPine Water District (District),
Deschutes County and Parcel B is contiguous with Parcel A and the District; and,
WHEREAS: we propose to annex the parcels to the District; and,
WHEREAS: the District was duly formed under Deschutes County Board of
County Commissioners' Order No. 97-031 in accordance with the principal act in
ORS 553.010 to 553.850; and,
WHEREAS: the parcels are currently uninhabited; and,
WHEREAS: the parcels shall be subject to same terms and conditions as those
parcels currently in the District; and,
WHEREAS: The petitioners on this petition are:
Parcel A:
Name: Margaret t. DeBruin�and B.K. Herndon, Trustees of the
BALDWIN-HERNDON OREGON TRUST
Mailing Address: c/o Robert S. Lovlien, Attorney at Law
Bryant, Lovlien & Jarvis, PC
PO Box 1151
Bend, OR 97703
Phone: (541) 382-4331
Parcel B:
Name: Deschutes County, a municipality and political subdivision of
the State of Oregon
Mailing Address: c/o George Read, Director
Community Development Department
117 NW Lafayette Ave.
Bend, OR 97701
(541) 388-6558 DC #2001-158
and,
Page 1
LaPine Water DistrictAnnexation Petition
Deschutes County/Baldwin-Herndon Trust
JADocuments and Settings\1aude\Local Settings\Temporary Internet Files\OLK112\LaPine Annexation Petition.doc
NOW THEREFORE; we request that the Deschutes County Board of County
Commissioners undertake proceedings for the proposed annexation of the
parcels into the District.
SIGNED:
Landowner, Parcel A:
For the BALDWIN-HERNDON
OREGON TRUST
Landowner, Parcel B
Date: —Al �,�1 � I �h
ATTEST:
- *W4)�t (�� -
Recording Secretary
SUBSCRIBED AND SWORN to before
me this day of 92001
Notary Public for
My Commission Expires:
BOARD OF COUNTY COMMISSIONERS
DESCHUTES COUNTY OREGON
Tom De) of , Chair
5e
nnis R. Luke, Commissioner
is ael M. Daly, ommissioner
Wat r Di trict Bo rd Endorsement:
eAnn Nelson -Dodson, Chair
kitty Shi ds, Sec/Treas
_ Board -Member
Date:
Board Member
Board Member
Board Member
..�J� ATTEST:
Board Member '
Page 2
LaPine Water DistrictAnnexation Petition
Deschutes County/Baldwin-Herndon Trust
JMocuments and Settings'Jaurie\Local SettingsWemporary Internet Files\OLK110\LaPine Annexation Petition.doc
Exhibit A
La Pine Water District Annexation
Legal Description
Parcel A
The North one-half of the Southwest Quarter (N1/2SW1/4) of Section Eleven (11),
Township Twenty-two (22) South, Range Ten (10), lying west of Oregon State
Highway 97, East of the Willamette Meridian, Deschutes County, Oregon.
EXCEPTING THEREFROM that portion dedicated to the public in instrument
recorded May 25, 1995, in Book 374, Page 1317, Deschutes County Records.
That portion of the Northwest Quarter Southeast Quarter Southwest Quarter
(NW 1 /4SE 1 /4S W 1 /4) (sometimes referred to as Lots One (1), Two (2) and Three (3),
in Section Eleven (11), Township Twenty-two (22) South, Range Ten (10), East of
the Willamette Meridian, Deschutes County, Oregon, lying Northwesterly of the
Dalles-California Highway.
The Northwest Quarter Northeast Quarter Southwest Quarter Southwest Quarter
(NW1/4NE1/4SW1/4SW1/4); the South Half Northeast Quarter Southwest Quarter
Southwest Quarter (S1/2NE1/4SW1/4SW1/4) and the East Half Northwest Quarter
Southwest Quarter Southwest Quarter (El/2NW1/4SW1/4SW1/4) lying East of
Pengra-Huntington Road, all in Section Eleven (11), Township Twenty-two (22),
Range Ten (10), East of the Willamette Meridian, Deschutes County, Oregon.
Parcel B
Land Patent pursuant to Section 7 of the Oregon Public Lands Transfer and
Protection Act of 1998, Public Law 105-321, enacted October 30, 1998, for the
following described land:
Willamette Meridian, Oregon
T. 22 S., R. 10 E.,
Tract 38 located within sections 1, 2 and 11.
Containing 518.18 acres.
SALegaMpecial Districts\ a Pine Water District\Annexation to La Pine Water District - Exhibit A 9-19-01.doc
N
A
P La Pine Water t>isir� Boundary
BaNe=w
dMn Firxbo
r Tout Property(Contiguous)
Taxw
June 29, 2001
PARC C-R.
.6
PETITION TO ANNEX PROPERTY TO
LAPINE WATER DISTRICT
To the County Commissioners of Deschutes County, State of Oregon:
WHEREAS: this petition is filed pursuant to ORS 198.857; and,
WHEREAS: we, the signed petitioners on the attached petition (we), are the
owners of Parcels A and B, legally described in Exhibit A (parcels); and,
WHEREAS: Parcel A is contiguous with the LaPine Water District (District),
Deschutes County and Parcel B is contiguous with Parcel A and the District; and,
WHEREAS: we propose to annex the parcels to the District; and,
WHEREAS: the District was duly formed under Deschutes County Board of
County Commissioners' Order No. 97-031 in accordance with the principal act in
ORS 553.010 to 553.850; and,
WHEREAS: the parcels are currently uninhabited; and,
WHEREAS: the parcels shall be subject to same terms and conditions as those
parcels currently in the District; and,
WHEREAS: The petitioners on this petition are:
Parcel A:
Name: Margaret t. DeBruin and B.K. Herndon, Trustees of the
BALDWIN-HERNDON OREGON TRUST
Mailing Address: c/o Robert S. Lovlien, Attorney at Law
Bryant, Lovlien & Jarvis, PC
PO Box 1151
Bend, OR 97703
Phone: (541) 382-4331
Parcel B:
Name: Deschutes County, a municipality and political subdivision of
the State of Oregon
Mailing Address: c/o George Read, Director
Community Development Department
117 NW Lafayette Ave.
Bend, OR 97701
(541) 388-6558
and,
Page 1
LaPine Water DistrictAnnexation Petition
Deschutes County/Baldwin-Herndon Trust
S:\Legal\Special Districts\La Pine Water District\LaPine Annexation Petition.doc
NOW THEREFORE; we request that the Deschutes County Board of County
Commissioners undertake proceedings for proposed the annexation of the
parcels into the District.
SIGNED:
Landowner, Parcel A:
For the BALDWIN-HERNDON
OREGON TRUST
Landowner, Parcel B
Date:
ATTEST:
Recording Secretary
SUBSCRIBED AND SWORN to before
me this /qday of 4 ,2001
Notary PuNic for
My Commission Expir s:
6
OFFICIAL S& L
NOT RYY P BLIC - 0MARY J 13 ON
COMMISSION NO32siog
*my commissio6F)(PIRC4 JULYA, 2003
BOARD OF CO�f�"
DESCHUTES COUNTY, OREGON
Tom DeWolf, Chair
Dennis R. Luke, Commissioner
Michael M. Daly, Commissioner
LaPine Water District Board Endorsement: Date:
BarbeAnn Nelson -Dodson, Chair
Kitty Shields, Sec/Treas
Board Member
Board Member
Board Member
Board Member
Board Member
Page 2
LaPine Water DistrictAnnexation Petition
Deschutes County/Baldwin-Herndon Trust
SALegaRSpecial Districts\La Pine Water District\LaPine Annexation Petition.doc
Exhibit A
La Pine Water District Annexation
Legal Description
Parcel A
The North one-half of the Southwest Quarter (N 1 /2S W 1 /4) of Section Eleven (11),
Township Twenty-two (22) South, Range Ten (10), lying west of Oregon State
Highway 97, East of the Willamette Meridian, Deschutes County, Oregon.
EXCEPTING THEREFROM that portion dedicated to the public in instrument
recorded May 25, 1995, in Book 374, Page 1317, Deschutes County Records.
That portion of the Northwest Quarter Southeast Quarter Southwest Quarter
(NW1/4SE1/4SW1/4) (sometimes referred to as Lots One (1), Two (2) and Three (3),
in Section Eleven (11), Township Twenty-two (22) South, Range Ten (10), East of
the Willamette Meridian, Deschutes County, Oregon, lying Northwesterly of the
Dalles-California Highway.
The Northwest Quarter Northeast Quarter Southwest Quarter Southwest Quarter
(NW 1 /4NE 1 /4S W 1 /4S W 1 /4); the South Half Northeast Quarter Southwest Quarter
Southwest Quarter (S1/2NE1/4SW1/4SW1/4) and the East Half Northwest Quarter
Southwest Quarter Southwest Quarter (E 1 /2NW 1 /4S W 1 /4S W 1 /4) lying East of
Pengra-Huntington Road, all in Section Eleven (11), Township Twenty-two (22),
Range Ten (10), East of the Willamette Meridian, Deschutes County, Oregon.
Parcel B
Land Patent pursuant to Section 7 of the Oregon Public Lands Transfer and
Protection Act of 1998, Public Law 105-321, enacted October 30, 1998, for the
following described land:
Willamette Meridian, Oregon
T. 22 S., R. 10 E.,
Tract 38 located within sections 1, 2 and 11.
Containing 518.18 acres.
SAL.egaRSpecial Districts\La Pine Water District\Annexation to La Pine Water District - Exhibit A 9-19-01.doc